Claude C. Barde v. United States

Sixth Circuit

Claude C. Barde v. United States

224 F.2d 959, 1955 U.S. App. LEXIS 4178

CourtCourt of Appeals for the Sixth Circuit

DecidedJune 4, 1955

Docket12410_1

StatusPublished

Cited by12 cases

This text of 224 F.2d 959 (Claude C. Barde v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Claude C. Barde v. United States, 224 F.2d 959, 1955 U.S. App. LEXIS 4178 (6th Cir. 1955).

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Opinion

PER CURIAM.

Appellant seeks review of an order of the district court denying his motion to correct sentence. His appeal is based upon the claim that the actual punishment imposed rather than the maximum punishment provided by statute determines whether a given offense is a felony or a misdemeanor. The law is to the contrary. “Congress by statute passed in 1909, Sec. 541, 18 U.S.C.A., declared: ‘All offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors’, and it has been uniformly held that it is not the actual punishment imposed but that which the statute authorizes which determines whether a crime is a felony or a misdemeanor.” Cartwright v. United States, 5 Cir., 146 F.2d 133, 135. There was nothing unlawful in the sentence of the court that each of the sentences was to be served consecutively rather than concurrently, and gives no rise to any meritorious contention that such a sentence constitutes cruel and unusual punishment in violation of the Constitution, as claimed by appellant.

The order of the district court is affirmed.

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PER CURIAM.

Appellant seeks review of an order of the district court denying his motion to correct sentence. His appeal is based upon the claim that the actual punishment imposed rather than the maximum punishment provided by statute determines whether a given offense is a felony or a misdemeanor. The law is to the contrary. “Congress by statute passed in 1909, Sec. 541, 18 U.S.C.A., declared: ‘All offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors’, and it has been uniformly held that it is not the actual punishment imposed but that which the statute authorizes which determines whether a crime is a felony or a misdemeanor.” Cartwright v. United States, 5 Cir., 146 F.2d 133, 135. There was nothing unlawful in the sentence of the court that each of the sentences was to be served consecutively rather than concurrently, and gives no rise to any meritorious contention that such a sentence constitutes cruel and unusual punishment in violation of the Constitution, as claimed by appellant.

The order of the district court is affirmed.

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Bluebook (online)

224 F.2d 959, 1955 U.S. App. LEXIS 4178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claude-c-barde-v-united-states-ca6-1955.

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